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CHARTERS 



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STATUTES AND BY-LAWS 



OF THE 



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UNIVERSITY OF PENNSYLVANIA. 



REVISED MARCH, 1826. 




VHILJIBELFHM. 
1826. 



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I 



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CHARTER 



OF THE 



COLLEGE 

OF PHILADELPHIA, IN PENNSYLVANIA, 



CHARTER 

To Thomas Lawrence and others, to be Trustees of the Aca- 
demy and Charitable School in the Province of Pennsyl- 
vania.' — 13th July, 1753, 

Thomas Penn and Richard Penn, true and absolute pro- preamble, 
prietors and governors in chief of the province of Pennsylvania 
and counties of New Castle, Kent, and Sussex, on Delaware, 
To all persons to whom these presents shall come, greeting; 
Whereas the well being of a society depends on the education 
of their youth, as well as, in great measure, the eternal wel- 
fare of every individual, by impressing on their tender minds 
principles of morality and religion, instructing them in the 
several duties they owe to the society in which they live, 
and one towards another, giving them the knowledge of lan- 
guages, and other parts of useful learning necessary thereto, 
in order to render them serviceable in the several public 
stations to which they may be called. And zvhereas, it hath 
been represented to us by Thomas Lawrence, William Allen, 
John Inglis, Tench Francis, William Masters, Lloyd Zachary, 
Samuel M'Call, junior, Joseph Turner, Benjamin Franklin, 
Thomas Leech, William Shippen, Robert Strettell, Philip 
Svng, Charles Willing, Phineas Bond, Richard Peters, 
Abraham Taylor, Thomas Bond, Johua Maddox, William 
Plumstead, Thomas White, William Coleman, Isaac Norris, 
and Thomas Cadwalader, of our city of Philadelphia, gen- 
tlemen, that for the erecting, establishing, and maintaining an 
academy within our said city as well to instruct youth for 
reward, as poor children whose indigent and helpless circum- 



stances demand the charity of the opulent part of mankind, 
several benevolent and charitable persons have generously 
paid, and by subscriptions promised hereafter to pay into 
their hands as trustees, for the use of the said academy, 
divers sums of money, which sums already paid, they, the 
said trustees, have expended in the purchase of lands well 
situated, and a building commodious for the uses aforesaid, 
within our said city in maintaining an academy there as well 
for the instruction of poor children on charity, as others 
whose circumstances have enabled them to pay for their 
learning, for some time past, and in furnishing the said 
academy with books, maps, mathematical instruments, and 
other necessaries of general use therein, according to the in- 
tentions of the donors. And whereas, the said trustees to 
facilitate the progress of so good a work, and to perfect and 
perpetuate the same, have humbly besought us to incorporate 
them and their successors.^ 

* On the 15th September, 1740, Jonathan Price conveyed to Edmond 
Wooley, John Coats, John Howell, and William Price, a lot of ground 
containing- 150 feet on the west side of Fourth, between Market and Mul- 
berry streets, and in depth 1 98 feet. A considerable number of persons 
of different denominations in religion, having united to erect a large build- 
ing on the lot, intending that the same should be appointed to the use of a 
charity school for the instruction of poor children gratis, in useful litera- 
ture and of the Christian religion, aud also that the same should be used as 
a house of public worship, and that the use of said building should be 
under the direction of certain trustees, viz. George Whitfield, William 
Seward, John S. Benezet, Thomas Noble, Samuel Hazard, Robert East- 
burn, James Read, Edward Evans, and Charles Brockden, who were " to 
appoint fit and able schoolmasters and schoolmistresses for the service of 
said school, and introduce such Protestant ministers to preach therein as 
they should judge sound in principles, zealous and faithful in the discharge 
of their duty, and acquainted with the religion of the heart, and experi- 
mental piety, without any regard to those distinctions or different senti- 
ments in lesser matters, which have, to the scandal of religion, unhappily 
divided real christians" — to preserve the said lot and buildings which then 
were or should thereafter be erected thereon, the said Edmond Wooley, 
&c. by deed of the 14th November, 1740, to George Whitfield, &c. did 
declare that they would thenceforth stand seized of said lot, &c. in trust for 
the said George Whitfield and others, their heirs, &c. and that they would 
convey the same to such persons and to such uses as the said George 
Whitfield, &c. should nominate and appoint; and then reciting that a 
large building had been erected on the premises, and to the end that the 
same should be applied to the good and pious purposes originally intend- 
ed, the surviving cestuique uses appointed that the same should be con- 
veyed to James Logan, Thomas Lawrence, William Allen, John Inglis, 
Tench Francis, William Masters, Lloyd Zachary, Samuel M'Call, jun. 
Joseph Turner, Benjamin Franklin, Thomas Leech, William Shippen, 
Robert Strettel, Philip Syng, Charles Willing, PhineasBond, Richard Pe- 
ters, Abraham Taylor, Thomas Bond, Thomas Hopkinson, William Plum- 



5 

Now know ye, That we favouring such pious, useful, ge- Trustees in- 
nerous, and charitable designs, hoping through the favour of corporated. 
Almighty God, this academy may prove a nursery of virtue 
and wisdom, and that it will produce men of dispositions and 
capacities beneficial to mankind in the various occupations of 
life; but more particularly suited to the infant state of North 
America in general, and for other causes and considerations 

stead, Joshua Maddox, Thomas White, and William ColemaD. On the 
1st February, 1749, in pursuance of said appointment, Edmond Wooley 
and others, conveyed the premises to William Lawrence, &c. for the uses 
and trusts and subject to the agreement following: 

" That in and upon the said ground, buildings, and premises, shall be 
placed, erected, founded, established, or kept, by the said James Logan, 
ice. a house or place of public worship, and also one free school for the 
instructing, teaching, and education of poor children; and that the said 
James Logan, &c. and the survivors of them, and the assigns of such sur- 
vivors, shall have full power, licence, and authority, at their will and 
pleasure, from time to time, and at all times hereafter, to nominate and 
appoint to be taught and instructed therein, such number of poor children 
as shall be suitable to the funds they shall have in their hands for that 
purpose, and to choose a committee of their number, yearly, to take spe- 
cial care of the said school, and likewise to nominate and appoint one or 
more learned, able, and sufficient person or persons as master or masters, 
usher or ushers, mistress or mistresses, to teach and instruct the said 
children gratis, in useful literature and the knowledge of the Christian 
religion: and likewise, from time to time, to introduce such preacher or 
preachers, whom they shall judge qualified, to preach and teach the word 
of God occasionally, in the eaid place of public worship, but yet, so as 
that no particular sect be fixed there as a settled congregation; and shall 
at all seasonable times, permit and suffer in his reasonable turn, any re- 
gular minister of the gospel to preach in the house or place on the pre- 
mises which shall be set apart for public worship, who hath signed, or 
hereafter shall sign, certain articles of religion, annexed to the deed, and 
whom they shall moreover judge to be otherwise duly qualified as above, 
and particularly shall permit the free and uninterrupted use of the said 
place of worship to the Rev. Mr. George Whitfield, whenever he shall 
happen to be in the city, and desire to preach therein. And further, that 
the said James Logan, &c. shall and may, from time to time, and at all 
times hereafter, at their will and pleasure, make, set down, and appoint 
such rules and ordinances for the rule, government, aud well ordering of 
the said place of public worship and school, and of the said master or 
masters, mistress or mistresses, usher or ushers, and children, for the time 
being, as to them or a majority of them the said James Logan, <%x. shall 
seem meet and convenient, so as such rules or ordinances be consistent 
with, and shall not contain any matter or thing contradictory to the true 
intent and design of these presents. And further, that the said James 
Logan, &c. shall have full power to found, erect, establish, and continue, 
in and upon the said house and premises, such other school, academy, 
college, or other seminary of learning, for instructing youth in the lan- 
guages, arts and sciences, and generally to improve the premises to such 
other use or uses for the benefit of mankind and the good of society as to 
them shall seem meet, so that the same be not inconsistent with the above 



6 

us hereto specially moving, have granted, ordained, declared, 
constituted, and appointed, and by these presents we do^ for 
us, our heirs, and successors grant, ordain, declare, consti- 
tute, and appoint, That the said Thomas Lawrence, William 
Allen, John Inglis, Tench Francis, William Masters, Lloyd 
Zachary, Samuel M'Call, junior, Joseph Turner, Benjamin 
Franklin, Thomas Leech, William Shippen, Robert Strettel, 
Philip Syng, Charles Willing, Phineas Bond, Richard Peters, 
Abraham Taylor, Thomas Bond, Joshua Maddox, William 
Plumstead, Thomas W T hite, William Coleman, Isaac Norris, 
and Thomas Cadwalader and such others, as shall be from 
time to time chosen, nominated, or elected in their place and 
stead, shall be one community, corporation, and body politic, 
to have continuance for ever, by the name of The Trustees 
of the Academy and Charitable School in the province of 
Pennsylvania, and that by the same name, they shall have 
perpetual succession, and that they and their successors by 
that name, shall be able and capabkrin law to purchase, have, 
take, receive, and enjoy to them and their successors in fee 
and in perpetuity, or for any other or lesser estate or estates, 
any manors, lands, tenements, rents, annuities, pensions, or 
other hereditaments within the said province of Pennsylvania 
or three lower counties of New Castle, Kent, and Sussex, 
by the gift, grant, bargain, sale, alienation, enfeoffment, re- 
lease, confirmation, or devise of any person or persons, bo- 
dies politic or corporate, capable to make the same. And 
further, that they may take and receive any sum or sums of 

declared originally intended uses which are bona fide to be always ful- 
filled and preserved, and never impeded, interrupted, or discontinued. 
And further, that the said James Logan, &c. shall be governors, rulers, 
directors, and trustees, for the purpose herein contained and mentioned, 
until a charter of incorporation from the governor of this province of 
Pennsylvania, for the time being, to the said trustees, or the survivors of 
them, or their assigns, shall be obtained for the uses and intents herein 
contained. And as often as any ten or more of them the said James Logan, 
&c. or their successors, shall happen to die, the survivors of them shall 
by good and sufficient conveyance or conveyances, assurance or as- 
surances in the law, convey and assure all the said ground and buildings 
thereon erected, or to be built and erected, with the appurtenances in 
fee simple, to and upon the same uses, trusts, intents, and purposes, and 
subjected to and under the same covenants and agreements herein con- 
tained and specified, to twenty-four lawful, true, and honest christian 
men, to be named and appointed by the majority of the survivors of them 
the said James Logan, &c. for the uses, trusts, intents, and purposes 
aforesaid, so that if possible, there may always forever hereafter, be the 
number of twenty-four such persons in being, to rule, govern, order, and 
direct in, about, and concerning the premises, and the good purposes 
hereby intended." 



money, or any kind, manner, or portion of goods or chattels 
that shall to them be given, granted or bequeathed by any 
person or persons, bodies politic or corporate, capable to 
make a gift, grant, or bequest thereof; and therewith to erect, 
set up, maintain, and support an academy or any other kind 
of seminary of learning in any place within the said province 
of Pennsylvania, where they shall judge the same to be most 
necessary and convenient for the instruction, improvement, 
and education of youth in any kind of literature, erudition, 
arts, and sciences, which they shall think fitting and proper 
to be taught. And we do hereby grant and ordain, That the To sue, &c 
said trustees and their successors by the name aforesaid, shall 
be able in law to sue and be sued, plead and be impleaded 
in any court or courts, before any judge, judges, or justices 
within the said province of Pennsylvania, the three lower 
counties of New Castle, Kent, and Sussex, and elsewhere; 
in all and all manner of suits, complaints, pleas, causes, mat- 
ters, and demands of whatsoever kind, nature, or form they 
be; and all and every other matters and things therein to do 
in as full, ample, and effectual a manner, as any other person 
or persons, bodies politic or corporate within that part of the 
kingdom of Great Britain called England, or within the said 
province of Pennsylvania, or three lower counties in the like 
cases may or can do. And we do hereby give and grant unto To nave a 
the said trustees and their successors, full power and au- common sea ' 
thority to make, have, and use a common seal with such 
stamp and inscription as they shall think proper; and the 
same to change, break, alter, and renew at their- pleasure. 
{And further, in order to continue and perpetuate this com- 
munity and corporation, We do grant, ordain, and declare, Jn case of ft 
that when any one or more of the present or future trustees removal, &c. 
of this academy and school, shall remove his or their habita- °f a trustee, 
tion or habitations, and shall dwell at the distance of five j!"^ 6 * 1 va " 
miles from the seat of the said academy at that time, or shall 
go and reside out of the province of Pennsylvania, although 
at a place nearer to the said academy than five miles, or 
shall happen to die or be otherwise disabled from performing 
the office and duty of a trustee or trustees, the other trustees 
shall, as soon after as they conveniently can, proceed to elect 
and choose one or more fit person or persons, then residing 
within five miles of the said academy, and within the said 
province, to fill the place or places of such absenting, de- 
ceased, or disabled person or persons.)* And we do also, for 

* This part of the section is omitted in (he additional charter. 1755, post. 



8 

us, our heirs, and successors, give and grant to the said trus- 
tees and corporation, and their successors, full power and 
authority in all time and times coming, to make, ordain, and 
enact all such rules, ordinances, laws, and statutes, and from 
time to time to alter and amend the same as they shall judge 
most convenient, reasonable, and needful for the good govern- 
ment of the said community, the management of the affairs 
thereof, and the effectual promotion of the good ends hereby 
intended; provided always, That the said rules, ordinances, 
laws, and statutes, be not repugnant to the laws and statutes 
then in force in the kingdom of Great Britain, or to the laws 
then in force in our said province of Pennsylvania. And 
lastly, We do, for us and our successors, grant, declare, and 
ordain, That these our letters patent and charter, and every 
clause, sentence, and article herein contained shall be in all 
things firm, valid, sufficient, and effectual in the law unto the 
said trustees, community, and corporation, and their succes- 
sors, according to the purport and tenor hereof, without any 
further grant or toleration from us, our heirs, or successors, 
to be procured or obtained. In witness whereof, we have 
caused these our letters to be made patent; witness, James 
Hamilton, Esq. lieutenant governor and commander in chief, 
in and over the said province of Pennsylvania, at the city of 
Philadelphia, the thirteenth day of July, in the twenty -se- 
venth year of the reign of our sovereign lord George the 
second, who now is king of Great Britain, France, and Ire- 
land, &c. and in the year of our Lord, one thousand seven 
hundred and fifty three. 

JAMES HAMILTON, (L. S.) 
Recorded 16th July, 1753, in Commission Book y Book A, 
vol. 2, page 150. 

ADDITIONAL CHARTER. 

16th June, 1755. 

Thomas Penn and Richard Penn, true and absolute pro- 
prietaries of the province of Pennsylvania, and counties of 
New Castle, Kent, and Sussex, on Delaware, to all persons 
to whom these presents shall come, greeting: 
Preamble. Whereas it was heretofore represented to us, by Thomas 

Lawrence, William Allen, John Inglis, Tench Francis, Wil- 
liam Masters, Lloyd Zachary, Samuel M l Call, junior, Joseph 
Turner, Benjamin Franklin, Thomas Leech, William Ship- 



i?58. 



pen, Robert Strettell, Philip Syng, Charles Willing, Phineas 
Bond, Richard Peters, Abraham Taj lor, Thomas Bond, 
Joshua Maddox, William Plumstead, Thomas White, Wil- 
liam Coleman, Isaac Norris, and Thomas Cadwalader, of 
our city of Philadelphia, gentlemen; That they had, at their 
own expense, and by the donations of many well disposed 
persons, set up and maintained an academy within our said 
city, as well for instructing youth for reward, as poor chil- 
dren on charity, and praying us to incorporate them, and 
their successors for the more effectual carrying on and es- 
tablishing the same: — 

And whereas we, being desirous to encourage such pious, Trustees in- 
useful, and charitable designs, hoping that the said academy, corporated. 
through the blessing of Almighty God, would prove a nur- 
sery of wisdom and virtue, and be the means of raising up 
men, of dispositions and qualifications beneficial to the pub- 
lic, in the various occupations of life, and for other causes 
and considerations us thereto specially moving, did, for us, 
our heirs and successors, by our charter, under the great seal 
of our said province, grant, ordain, declare, constitute, and 
appoint, That the said Thomas Lawrence, William Allen, 
John Inglis, Tench Francis, William Masters, Lloyd Zac- 
hary, Samuel M'Call, junior, Joseph Turner, Benjamin 
Franklin, Thomas Leech, William Shippen, Robert Strettel, 
Philip Syng, Chares Willing, Phineas Bond, Richard Peters, 
Abraham Taylor, Thomas Bond, Joshua Maddox, William 
Plumstead, Thomas White, William Coleman, Isaac Norris, 
and Thomas Cadwalader, and their successors, duly elected 
and nominated in their place and stead, should be one cor- 
poration and body politic, to have continuance for ever, by 
the name of The Trustees of the Academy and Charitable 
School in the province of Pennsylvania, capable to purchase 
and hold lands, to receive donations, to sue and be sued, to 
have and to use a common seal, to make rules and statutes, 
and to do every thing needful for the good government and 
perfect establishment of the said academy, or of any other 
kind of seminary of learning, which they should think fit to 
erect, maintain, and support, in any place within the said 
province of Pennsylvania, for the instruction of youth in any 
kind of literature, arts, and sciences, as by our said charter, 
enrolled in our recorder's office for the said province, at the 
city of Philadelphia aforesaid, may more fully and at large 
appear. 

Now know ye, That we do, for us, our heirs and succes- ^nhe^st ° D 
sors, by these presents, approve of, ratify and fully confirm, charter. 

B 



10 

to the said trustees and their successors, all and singular the 
premises, together with all and singular the matters, clauses, 
sentences, and articles, contained in our said letters patent 

One article and charter, excepting only one article,* by these our present 

excepted. letters and charter altered and changed. 

Wherefore, by the advice and consent of the said trustees, 
know ye, That we do will and ordain, that the present trus- 
tees of the said academy, to wit: James Hamilton, William 
Allen, John Inglis, Tench Francis, William Masters, Lloyd 
Zachary, Samuel M c Call, junior, Joseph Turner, Benjamin 
Franklin, Thomas Leech, William Shippen, Robert Strettel, 
Philip Syng, Phineas Bond, Richard Peters, Abraham Tay- 
lor, Thomas Bond, Joshua Maddox, William Plumstead, 
Thomas White, William Coleman, Thomas Cadwalader, 
Alexander Stedman, and John Mifflin, and such other per- 
sons as shall from time to time be nominated or chosen in 
their place and stead, according to the order and direction 
of our said recited letters and charter, shall be one commu- 
nity, corporation, and body politic, to have continuance for 

Style. ever, by the name of " The Trustees of the College, Academy, 

and Charitable School of Philadelphia, in the Province of 
Pennsylvania; and that, by the same name, they shall have 
perpetual succession. 

Recital of the Andxve do hereby, for us, our heirs, and successors, grant, 
articles of the »• j^j 7 . " # *o i 

charter. ordain, and declare, That the said trustees and their succes- 

sors, by that name, shall be able and capable in law, to pur- 
Trustees to chase, have, receive, take, hold, and enjoy, to them and their 
take lands" successors in fee and perpetuity, or for any other lesser 
&c estate or estates, any manors, lands, tenements, rents, an- 

nuities, pensions, or other hereditaments, within the said 
province of Pennsylvania, or three lower counties of New 
Castle, Kent, and Sussex, upon Delaware, by the gift, grant, 
bargain, sale, alienation, enfeoffment, release, confirmation, 
or devise of any person or persons, bodies politic or corpo- 
rate, capable to make the same: and such manors, lands, 
tenements, rents, annuities, pensions, or other hereditaments, 
or any lesser estates, rights, or interests of, or in the same, 
And to alien at their pleasure to grant, alien, sell, and transfer in such 
manner and form, as they shall think meet and convenient; 
and further, that they may take and receive any sum or sums 
of money, and any kind, manner, or portion of goods and 
chattels, that shall be given, sold, or bequeathed to them, by 
any person or persons, bodies politic or corporate, capable to 

* Relating to the removal of trustees from the city,&c. See page 7. 



the same. 



11 

make a gift, sale, or bequest thereof, and therewith to erect, 

set up and maintain any other kind of seminary of learning, in To maintain 

any place within the said province of Pennsylvania, where they any other kind 

shall judge the same most necessary and convenient, for the of semi » ar y- 

instruction, improvement, and education of youth, in any 

kind of literature, arts, and sciences, which they shall think 

proper to be taught. 

And we do hereby grant and ordain , That the said trustees May sue, &c. 
and their successors, by the name in this charter mentioned, 
shall be able in law to sue and be sued, plead and be im- 
pleaded in any court or courts, before any judge, judges, or 
justices, within our said province of Pennsylvania, the three 
lower counties of New Castle, Kent, and Sussex, on Dela- 
ware, and elsewhere; in all and r11 manner of suits, com- 
plaints, pleas, causes, matters, and demands, of whatsoever 
kind, nature, or form they be; and all and every other mat- 
ter and thing therein to do, in as full and effectual a manner, 
as any other person or persons, bodies politic or corporate, 
within that part of Great Britain called England, or within 
the said province of Pennsylvania, or three lower counties 
aforesaid, in the like cases may or can do. 

And we do hereby give and grants unto the said trustees To have pub- 
and their successors, full power and authority to make, have, lie and privy 
and use one common public seal, and likewise one privy seal, seal * 
with such devices and inscription as they shall think proper; 
and the same, or either of them, to change, break, alter, and 
renew, at their pleasure. 

And whereas the said trustees have, by their petition to Preamble t0 
Robert Hunter Morris, Esq. our lieutenant governor and the additional 
commander in chief, in and over our said province of Pennsvl- powers, 
vania, and counties of New Castle, Kent, and Sussex, on 
Delaware, represented, That since our granting our said re- 
cited charter, the academy therein mentioned, by the bles- 
sing of Almighty God, is greatly improved, being now well 
provided with masters, not only in the learned languages, 
but also in the liberal arts and sciences, and that one class of 
hopeful students has now attained to that station in learning 
and science, by which, in all well constituted seminaries, 
youth are entitled to their first degree, and which the said 
students are earnestly desirous to be admitted to; and that 
it is hoped, from the capacities and diligence of this class, 
they will hereafter merit admission to the higher degrees in 
the arts and sciences; from whence the said trustees reasona- 
bly expect a succession of youth in this college and academy, 
equally meritorious and deserving of such public honours, 



12 

which are at the same time the strongest incentives to, and the 
justest rewards of, diligence and merit; and therefore prayed 
an addition to our recited charter, to empower them and 
their successors, to admit deserving students to the usual 
degrees, and to confer such dignity on the masters in the 
said seminary, as shall seem meet and necessary for its good 
government and establishment upon this enlargement of the 
design, for the benefit both of the present and future times. 
And we being willing to grant this reasonable request of the 
said trustees, and to give all proper encouragement to an in- 
stitution so happily begun, and hitherto so successfully carried 
on, for the benefit of our said province, as well as the neigh- 
bouring provinces and colonies in America: 
Trustees to Now know ye also, That we do hereby, for us, our heirs 

appoint a pro- anc j succe ssors, give and grant full power and authority to 
vost and vice - • • • 

provost. tne said trustees, and their successors, from time to time, 

and at all times for ever hereafter, in such manner, and un- 
der such limitations, as they shall think best and most con- 
venient, to constitute and appoint a Provost and Vice- Pro- 
vost of the said college and academy, who shall be severally 
named and styled Provost and Vice-Provost of the same. 
Professors. And also to nominate and appoint Professors for instructing 
the students of the same seminary, in all the liberal arts and 
sciences, the ancient languages, and the English tongue, who 
shall be severally styled Professor of such art, science, Ian- 
Faculty. g ua g e ? or tongue, according to each particular nomination and 
appointment; which Provost, Vice-Provost and Professors, 
so constituted and appointed, shall be known and distin- 
guished, as one body and faculty, by the name of The Provost, 
Vice-Provost and Professors of the College and Academy of 
Philadelphia, in the province of Pennsylvania; and by that ' 
name shall be capable of exercising such powers and au- 
thorities, as the said trustees and their successors shall think 
necessary to delegate to them, for the discipline and govern- 
ment of the said college, academy, and charitable school; 
Trustees and Provided always, that the said trustees, the Provost, and 
faculty to take Vice-Provost, and each Professor, before thev shall exercise 
e oa s, c. t h e j r severa l an( j respective powers or authorities, offices and 
duties, do and shall take and subscribe the three first written 
oaths, appointed to be taken and subscribed, in and by one 
act of parliament, passed in the first year of the reign of our 
late sovereign lord George the first, intituled, An Act for the 
further Security of his Majesty's Person and Government; 
and the Succession of the Crown in the Heirs of the late 
Princess Sophia, being protestants, and for extinguishing the 



13 

Hopes of the pretended Prince of Wales, and his open and 
secret Abettors} and shall also make and subscribe the de- 
claration, appointed to be made and subscribed, by one other 
act of parliament, passed in the twenty- fifth year of the reign 
of king Charles the second, intituled, An Act for preventing 
Dangers which may happen from popish recusants: excepting 
only the people called Quakers, who, upon taking, making, 
and subscribing the affirmations and declarations, appointed 
to be taken, made, and subscribed by the acts of general as- 
sembly of the province of Pennsylvania, to qualify them for 
the exercise of civil offices, shall be admitted to the exercise 
of all and every the powers, authorities, offices, and duties 
above mentioned, any thing in this provision to the contrary 
notwithstanding; all which oaths and affirmations we do here- 
by authorize and empower the lieutenant governor of our 
said province, or the mayor or recorder of the city of Phi- 
ladelphia aforesaid, or any two justices of the peace, for the 
time being, to administer. — 

Which said trustees, and their successors, being qualified 
as hereby directed, we do, by these presents, for us, our heirs, 
and successors, establish in their several and respective offi- 
ces, to have, hold, and enjoy, all and singular the privileges, 
liberties, advantages, powers, and immunities, herein or 
hereby given and granted, or meant, mentioned, or intend- 
ed, to be herein or hereby given and granted, unto them and 
their successors for ever. 

And we do hereby, at the desire and request of the said First provost 
trustees, constitute and appoint the Reverend William Smith, and vice-pro- 
M. A. to be the first and present provost of the said college TOst 
and academy, and the Reverend Francis Allison, M. A. to 
be the first and present vice-provost of the same, who shall 
also retain the name and style of Rector of the Academy; 
which offices the said persons shall have and hold only dur- 
ing the pleasure of the said trustees. 

And we do further, for us, our heirs, and successors, au- A/r ,. , 

, • i . , i i ■ i Meetings and 

tnorize the said trustees and their successors, to meet on such quorums of the 

day or days, as they shall by their laws and statutes appoint, trustees. 
to examine the candidates for admission to degrees in the 
said college and academy, and also to transact, determine, 
and settle all the business and affairs of the same. And we 
do will and ordain, that at all those meetings, such a num- 
ber of members so met and convened, as shall by the laws 
and statutes be authorized to transact any particular affairs 
or business, and the majority of them shall have full power 
to transact, determine, and settle such affairs and business, 



u 

in as ample and effectual a manner as if all the said trustees 
were present; excepting always the nominating, constituting, 
and discharging the provost, vice-provost and professors, or 
any of them; in all and every of which acts, there shall be 
thirteen at least of the members of the said corporation pre- 
sent and consenting. 
To make laws, And we do further, for us, our heirs, and successors* au- 
and to em- thorize and empower the said trustees, and their successors, 
culty r to exe-~ met ^ rom ti me t0 time as aforesaid, to make laws and sta- 
cute them. tutes to regulate, ascertain, and settle the precedence, powers, 
and duties of the said provost, vice-provost, (or rector) and 
professors, in the execution of the laws made, or to be made, 
for the education of the youth, and wholesome government 
To delegate to °^ t ^ ie sa ^ college, academy, and charitable school; and also 
the faculty a by these laws and statutes, in such manner and form as they 
power of mak- s hall think convenient) to empower the provost, vice-provost, 
!aws. en}p0raiy an d professors, for the time being, to make and execute or- 
dinances, for preserving good order, obedience, and govern- 
ment, as well among the students and scholars, as the several 
tutors, officers, and ministers, belonging to the said college, 
academy, and charitable school; and further, by the said laws 
and statutes, to enact all other matters and things, in and 
concerning the premises, which may by the said trustees and 
their successors, be thought conducive to the well being, 
advancement, and perpetuating the said college, academy, 
and corporation; provided always, that the said laws be not 
repugnant to the laws and statutes then in force in the king- 
dom of Great Britain, nor to the laws and statutes then in 
force in our said province of Pennsylvania. 

And we do further, for us, our heirs, and successors, give 
and grant to the trustees of the said college and academy \, That 
for animating and encouraging the students thereof to a 
laudable diligence, industry, and progress in useful literature 
and science, they and their successors, met together on such 
day or days as they shall appoint for that purpose, shall have 
full power and authority, by the provost, and in his absence 
by the vice-provost, and in the absence of both the provost 
and vice-provost, by the senior professor, or any other fit 
person by them authorized and appointed, to admit any the 
students within the said college and academy, or any other 
person or persons meriting the same, to any degree or de- 
Degrees, grees, in any of the faculties, arts, and sciences, to which 
persons are usually admitted, in any or either of the univer- 
sities or colleges in the kingdom of Great Britain. And we 
do ordain, That the provost, vice-provost, or other person 



15 

appointed as aforesaid, shall make, and with his name, sign 
diplomas or certificates of the admission to such degree or 
degrees, which shall be sealed with the public seal of the said 
corporation, and delivered to the graduates as honourable 
and perpetual testimonials thereof; provided always, and it is 
hereby declared to be our true meaning and express will, 
That no student or students, within the said college and 
academy, shall ever, or at any time or times hereafter, be 
admitted to any such degree or degrees, until such student 
or students have been first recommended and presented as 
worthy of the same, by a written mandate, given under the M an aamus for 
hands of at least thirteen of the trustees of the said college students to be 
and academy, and sealed with the privy seal belonging to si S ned b 7 thi *- 
the said corporation, after a public examination of such stu- 
dent or students in their presence, and in the presence of any 
other persons choosing to attend the same, to be had in the 
hall of the said college and academy, at least one whole 
month before the admission to such degree or degrees; and 
provided further. That no person or persons, excepting the 
students belonging to the said seminary, shall ever, or at 
any time or times, be admitted to any such degree or de- 
grees, unless with the express mandate of at least two-thirds For others, by 
of the whole number of trustees, first to be obtained under two-thirds, 
their hands and the privy seal aforesaid, to the provost, vice- 
provost, and professors of the said college and academy 
directed. 

And lastly, we do, for us, and our successors, grant, declare, 
and ordain, That these our letters patent and charter, and 
every clause, sentence, and article herein contained, shall be 
in all things firm, valid, sufficient, and effectual in the law, 
unto the said trustees, community, and corporation, and their 
successors, according to the purport and tenor hereof, with- 
out any further grant or toleration from us, our heirs, and 
successors, to be procured or obtained; provided always, That 
the clear yearly value of the messuages, houses, manors, 
lands, tenements, rents, annuities, or other hereditaments, 
and real estate of the said corporation, do not exceed the £ gtate cot (o 
sum of five thousand pounds sterling. In testimony whereof, exceed 5000L 
we have caused these our letters to be made patent, and the P er aBnum « 
great seal of our said province to be hereunto affixed. Wit- 
ness Robert Hunter Morris, Esq. our lieutenant governor 
and commander in chief, in and over our said province of 
Pennsylvania, and counties of New Castle, Kent, and Sussex, 
on Delaware; this fourteenth day of May, in the twenty- 
eighth year of the reign of our sovereign lord George the 



16 

second, king of Great Britain, France, and Ireland, &c. and 
in the year of our Lord, one thousand seven hundred and 
fifty-five. 

ROBERT HUNTER MORRIS. 

Recorded 16th June, 1755, Book A, vol. 2, page 193. 



AN ACT 

Vol. l, Smith's To confirm the estates and interests of the college , academy , 
P- 474. an( j c ] xar ii a })i e school of the city of Philadelphia, and to 

amend and alter the charters thereof conformably to the re- 
volution and to the constitution and government of this 
commonwealth, and to erect the same into a university. — 
27th September, 1779. 

Preamble. Sect. 1. Whereas the education of youth has ever been 

found to be of the most essential consequence, as well to the 
good government of states, and the peace and welfare of 
society, as to the profit and ornament of individuals, inso- 
much that from the expeiience of all ages, it appears that 
seminaries of learning, when properly conducted, have been 
public blessings to mankind, and that on the contrary, when 
in the hands of dangerous and disaffected men, they have 
troubled the peace of society, shaken the government, and 
often caused tumult, sedition, and bloodshed. 

Sect. 2. And whereas the college, academy, and charitable 
school of the city of Philadelphia, were at first founded on 
a plan of free and unlimited Catholicism; but it appears that 
the trustees thereof, by a vote or by-law of their board, 
bearing date the fourteenth day of June, in the year of our 
Lord one thousand seven hundred and sixty-four,* have 

* On the minutes of the 14th June, 1764, a letter from the archbishop of 
Canterbury, Thomas and Richard Penn, and Samuel Chandler, addressed 
tothe trustees, is inserted, in which they are congratulated on the success 
of Dr. Smith's, the provost's collection, in England, and advised of what 
would be further necessary to the due improvement of the collection and 
the future prosperity of the institution. " That the institution was original- 
** ly founded and carried on for the general benefit of a mixed body of peo- 
" pie — that on the king's brief it is represented as a seminary that would be 
" of great use for securing capable instructors and teachers, as well for the 
" service of the society for propagating the gospel in foreign parts, as for 
"other protestant denominations in the colonies." — That at the time of 
making the collection, "the provost was a clergyman of the church of 
" England — the vice-provost, a presbyterian — a principal professor, a bap- 
" tist, with other useful professors and tutors, all carrying on the educa- 
" tion of youth with great harmony, and people of various denominations 
" have heretofore contributed liberally and fully." — That jealousies had 



17 

departed from the plan of the original founders, and nar- 
rowed the foundation of the said institution. 

Sect. 3. Be it therefore enacted^ &c. That the charter of Former char- 
the said seminary, granted by the late proprietaries of Penn- ter declared 
sylvania, hearing date the thirtieth day of July, in the year 
of our Lord one thousand seven hundred and fifty-three, 
whereby certain persons were incorporated by the name, 
style, and title of The Trustees of the Academy and Chari- 
table School in the province of Pennsylvania, and the addi- 
tional charter, granted by the same proprietaries, bearing 
date on the fourteenth day of May, in the year of our Lord 
one thousand seven hundred and fifty-five, by which the 
trustees of the same academy and charitable school were 
again incorporated, by the name, style, and title of The 
Trustees of the College, Academy, and Charitable School 
of the city of Philadelphia, in the province of Pennsylvania, 
together with all and singular the rights, powers, privileges, 
emoluments, and advantages, and also all the estates, claims, 

arisen lest the foundation should be narrowed, and some party exclude 
the rest, or put them on a worse footing than they have been or were at 
the time of the collection, which would be unjust and productive of con- 
tentions unfriendly to religion. It was therefore recommended to the 
trustees, by the writers of the letter, (who had a principal share in pro- 
curing the collection) to make a fundamental rule or declaration, to pre- 
vent inconvenience of this kind; and in doing which, they were advised 
that the more closely they kept in view the plan on which the seminary 
was at the time of the royal brief, and on which it was carried on from 
the beginning, so much the less cause would any party have to be di - 
satisfied. 

A committee having been appointed to frame a fundamental Resolve or 
declaration, in consequence of the letter, the following was reported and 
adopted : 

" The trustees being ever desirous to promote the peace and prosperity 
of this seminary, and to give satisfaction to all its worthy benefactors, 
have taken the above letter into their seiious consideration, and perfectly 
approving the sentiments therein contained, do order the same to be in- 
serted in their books, that it may remain perpetually declaratory of the 
present wide and excellent plan of this institution, which hath not only 
met with the approbation of the great and worthy personages above men- 
tioned, but even the royal patronage of his majesty himself. They further 
declare that they will keep this plan closely in their view, and use their 
utmost endeavours that the same be not narrowed, nor the members of the 
church of England, or those dissenting from them (in any future election 
to the principal offices mentioned in the aforesaid letter,) be put on any 
worsefooting in this seminary, than they were at the time of obtaining the 
royal brief. They subscribe this with their names, and ordain that the 
same be read and subscribed by every new trustee that shall hereafter be 
elected, before he takes his seat at the board." Which appears to have 
been done from the year 1764, until the union of the coliege with the 
university, which took place in the year 1791. [It is difficult to perceive 
in what respect this resolution narrowed the foundation of the institution. [ 

c 



18 



and demands to the same corporation belonging discharged 
from the afore recited vote or by-law of the said trustees, 
confining and narrowing the true and original plan of the 
said institution, which vote or by-law, and all others, con- 
trary to the true design and spirit of the said charter, are 
hereby declared to be void, be and they are in and by this 
act, ratified and confirmed to, and for the use and benefit of 
the same seminary for ever. 

Sect. 4. And to the end that the trustees- herein alter 
named and appointed may be the better enabled to effectuate 
the pious and praiseworthy designs of the founders, bene- 
factors, and contributors of the said college, academy, and 
charitable school of Philadelphia, 

Sect. 5. Be it further enacted. That it shall and may be 
lawful for the supreme executive council of this state to re- 
serve such and so many of the confiscated estates, yet unsold 
and unappropriated, as to them shall appear necessary, in 
order to create a certain fund for the maintenance of the 
provost, vice-provost, masters and assistants, and to uphold 
and preserve the charitable school of the said university. 

Sect. 6. Provided always, That the yearly income of such 
exceed 1500/. estates, so reserved and appropriated, to the use of the said 
university, do not exceed the sum of fifteen hundred pounds, 
computing wheat at the rate of ten shillings per bushel. 

Sect. 7. And provided also, That such reservation be from 
time to time laid before the general assembly of this state, 
for their approbation and confirmation. 

Sect. 8. Provided always, and be it enacted, That the 
ratifying and confirming the said charter, or any thing herein 
contained, shall not extend or be construed to extend to the 
confirmation or establishing any of the said trustees, in the 
said charter named, or deriving by any election, or pretended 
election, or appointment by, from, or under them, or any of 
them, nor to any provost, vice-provost, professor, or other 
, minister or officer of the said seminary, other than such as 
are hereby, or may hereafter be appointed, (the said board 
and the faculty being hereby dissolved and vacated) nor shall 
the same extend to such parts of the charter, as in and by 
this act are or may be abrogated, annulled, altered, or sup- 
plied. 
Trustees Sect. 9. And be it further enacted, That from and after 

the passing of this act, the superintendence and trust, together 
with all and singular the powers, authorities and estates, real, 
personal and mixed, of the said college, academy, and chari- 
table school, shall pass to, devolve upon, and be vested in the 



Executive 
council to re- 
serve confis- 
cated estates 
not sold. 



Income not to 



Legislature to 
approve. 

Proviso. 



19 

president of the supreme executive council of this common- 
wealth, the vice-president of the same council, the speaker 
of the general assembly, the chief justice of the supreme 
court of judicature, the judge of admiralty, and the attorney- 
general for the time being, in virtue of their several offices, 
and the senior minister in standing of the episcopal churches 
and congregations, and the senior minister in standing of the 
presbyterian churches, and the senior minister in standing of 
the baptist churches, and the senior minister in standing of 
the Lutheran churches, and the senior minister in standing 
in the German Calvanist churches, and the senior minister 
in standing in the Roman churches, whose churches or houses 
of public worship are or shall be in the city of Philadelphia, 
or within two miles of the old court house in High street, in 
the said city, together with the honourable Benjamin Frank- 
lin, doctor of laws, minister plenipotentiary from the United 
States of America to his most christian majesty; the honour- 
able William Shippen, Frederick Muhlenberg, and James 
Searle, esquires, delegates *n the congress of the said United 
States for Pennsylvania; the honourable William Augustus 
Atlee, esquire, and the honourable John Evans, esquire, 
justices of the supreme court of judicature; Timothy Mat- 
lack, esquire, secretary of the supreme executive council of 
this state; David Rittenhouse, esquire, treasurer of this state; 
Jonathan Bayard Smith, esquire; Samuel Morris, senior, 
esquire; George Bryan, esquire; Thomas Bond, doctor of 
physic; and James Hutchinson, doctor of physic; which said 
civil officers, ministers of the gospel and others herein men- 
tioned and appointed, for and during their continuance in 
the said office and stations respectively, their abode in this 
state, and lawful capacity to act, and their successors for ever 
hereafter, shall be, remain, and continue the trustees afore- 
said, by the name, style, and title of The Trustees of the 
University of the state of Pennsylvania, and shall from Col . ,e g e er£ c l * 
henceforth have, hold, use, exercise, and enjoy all the powers, Ye i 3 ity. 
authorities, and advantages of the estates, rights, claims, and 
demands of the trustees appointed by, or in pursuance of the 
charters of the said corporation, or either of them, instead of 
the said trustees appointed by, or deriving under the said 
charter, or pretending so to do, in trust, nevertheless, for the 
proper use of the said university for ever. 

Sect. 10. Provided always, That if any trustee of the said Proviso, 
university shall take any charge or office under the said trus- 
tees, other than that of treasurer, his place shall thereby be 
vacated, and in the case of a minister of the gospel taking 



20 



Choice of 
trustee to be 
approved by 
legislatare. 



Oath super- 
seded. 



New one ap- 
pointed. 



Former pow- 
ers to make 
rules, declared 
void. 



such charge or office, or neglecting to qualify according to 
the directions of this act, within one month after personal 
notice given of his coming to such trust, the next minister 
in seniority, of the same denomination, shall succeed him, 
such seniority to be accounted from the time of settlement 
of such person as minister of a congregation in or near the 
said city. 

Sect. 11. Provided also, That in case the choice of a new 
trustee, in the room and stead of any of the persons last 
named, or their successors, shall be disallowed by the house 
of assembly within six months, the trustees shall be obliged 
to make choice of some other person. 

Sect. 12. And be it further enacted, That instead of the 
oath or affirmation and declaration which were enjoined and 
required to be taken and made, by the second or additional 
charter, herein before referred to, of the said corporation, by 
the trustees, provost, vice-provost, and professors of the said 
college, academy, and charitable school, which oath or affir- 
mation and declaration, being totally inconsistent with the 
independence and constitution of this commonwealth, are 
hereby abrogated and repealed, the said trustees herein be- 
fore appointed, and their successors, and the provost, vice- 
provost, and professors, and every of them, hereafter to be 
appointed in such manner and form as herein is directed and 
required, before he or they enter upon the duties of their 
trust or office, shall before two justices of the peace of the 
city of Philadelphia, or of some county of this state, take 
and subscribe the oath or affirmation prescribed hv the for- 
tieth section of the constitution of this commonwealth, to be 
taken by the officers of this state; and also the oath or affir- 
mation of allegiance, directed to be taken by the same officers, 
in and by the seventh and eighth sections of an act of assem- 
bly, made and passed the fifth day of December, in the year 
of our Lord one thousand seven hundred and seventy-eight, 
intitled " A further supplement to the act y intitled, An Act 
for the further security of the government," and shall also 
take an oath or affirmation for the faithful discharge of their 
trust of office aforesaid. 

Sect. 13. And be it further enacted, That all and every 
the clause and clauses in the said charters, wherein and 
whereby the trustees of the said college, academy, and chari- 
table schools are directed and enjoined to make their rules, 
ordinances and statutes, not repugnant to the laws in force 
in the kingdom of Great Britain, nor to the laws in force in 
the province of Pennsylvania, be, and they are hereby an- 



21 

nulled, repealed, and made void; and the trustees herein and 
hereby appointed, are required and enjoined to review the 
rules, ordinances, and statutes heretofore made by the for- 
mer trustees of the said seminary, which, so far as they are 
repugnant to the constitution and laws of this state, are 
hereby repealed, and to frame the same, if necessary, and all 
rules, ordinances, and statutes hereafter to be made, consis- 
tent with the constitution and laws of this commonwealth. 

Sect. 14. And be it further enacted, That the business of Matters to be 
the said corporation shall and may be transacted, performed, J 6 ^™ 1 ,!^ <Jf y 
and determined by the major vote of a meeting of seven at seven, except, 
least of the trustees appointed by this actj and their succes- &c. 
sors, duly notified and called, other than the choice of new 
trustees, the nominating and constituting, or the dismissing 
of the future provost, vice-provost or professors, or any of 
them; or the alienation or leasing of real estates, for more 
than seven years, or any extraordinary and new expenditure 
of the income, or other personal estate of the said corpora- 
tion, or the altering any salary, or the granting degrees to 
the scholars of the said university, or to other persons, or to 
the making any ordinance, statute, or by-law; which several 
enumerated acts and doings may be transacted and performed 
by a majority of at least eleven of the said trustees, duly 
notified and convened as aforesaid, and not otherwise. 

Sect. 15. And be it further enacted, That the clause in the p ormer \ m \. 
first charter of the said corporation, whereby the trustees tation dedar- 
thereof were limited to be inhabitants of Pennsylvania, re- ed v0ld 
siding within five miles of the academy and school aforesaid, 
although license was given in the said charter, to set up the 
same at any place within the said province, which the said 
trustees should judge to be most convenient, so far as the 
same clause limits the appointment of trustees to persons 
residing within five miles of the said academy and school, 
be, and the same is hereby annulled, repealed, and made 
void. 

Sect. 16. And be it further enacted, That the trustees p wer to sue, 
herein before appointed, and their successors, shall and may &c. 
ask, demand, sue for, recover and receive all evidences, 
mortgages, specialties, deeds, and instruments, and all pa- 
pers, books of account and record, and the library, philoso- 
phical apparatus, and seals of the said corporation; and all 
debts, dues, and demands to the same owing, belonging, ac- 
cruing, or appertaining. And in case any person or persons 
having the custody of the said library,. apparatus, mortgages, 
specialties, deeds, or instruments, or other papers, books of 



Penalty on 
former trus- 
tees, &c, ne- 
glecting or 
refusing to 
deliver up 
books, re- 
cords, &c. 



Style. 



Power to have 
a common 
seal, rules, &c- 



records of the said corporation, or having possession of the 
real estate of the said corporation, or any part thereof, shall 
refuse to deliver up the same when demanded, it shall and 
may be lawful for the trustees of the said college* to sum- 
mon any person so refusing before any two justices of the 
peace of the city or the county where the said real estate 
lies, or the detainer of any of the records, or other articles 
aforesaid, resides, who are hereby authorized and empower- 
ed to inquire into the said complaint, in a summary way, and 
give judgment therein as to them shall seem meet according 
to the merits and justice of the case; and if such judgment 
be given against the detainer of any of the said deeds, spe- 
cialties, mortgages or other articles before enumerated, and 
if such detainer shall still refuse to deliver the same, it shall 
and may be lawful for the said justices, and they are hereby 
required to commit such refuser to prison, there to remain 
without bail or mainprise, until the said judgment be com- 
plied with. And in the case of real estate, the said justices 
shall carry such judgment into execution, by issuing a writ 
of possession to the sheriff of the county, in the same man- 
ner as they are authorized to do by an act of assembly, in- 
titled, " An Act for the sale of goods distrained for rent, and 
to secure such goods to the person distraining the same, for 
the better security of rents, and for other purposes therein 
mentioned" in case of tenants holding over their terms: Pro- 
vided always, That if either of the said parties shall demand 
a jury to be summoned, to try the said matter in dispute, the 
said justices shall cause a jury forthwith to corns before 
them thereupon, in the same manner as juries are had in the 
case of tenants holding over their terms as aforesaid; and the 
said justices shall give judgment pursuant to the verdict of 
such jury, and proceed to the execution thereof, as is herein 
and hereby directed. 

Sect. 17. And be it further enacted, That the civil officers, 
ministers of the gospel, and other persons by this act con- 
stituted and appointed trustees of the said university, and 
their successors duly chosen, nominated and appointed, be 
one community, body politic and corporate, to have perpetual 
succession and continuance for ever, by the name, style, and 
title as aforesaid, and that by the said name they shall be 
capable and able in law to sue and be sued, have and make 
a common seal, and the same at their pleasure to break and 

* The word college inserted by mistake, instead of university, which 
was corrected by the act of 16th March, 1780, vol. 1, Smith's Laws. 
p. 502. 



23 

alter, to makes rules and statutes, and to do every thing ne\ 
cessary and needful for the good government and perfect 
establishment of the said university; and the provost, vice- 
provost and professors hereafter to be appointed and consti- 
tuted by the trustees aforesaid, shall be named, styled, and 
intitled, The Provost, Vice-Provost, and Professors of the 
same University; and the name, style, and title of the body 
or faculty, composed of the said provost, vice-provost, and 
professors, shall be, The Provost, Vice- Provost, and Pro- 
fessors of the University of the state of Pennsylvania. 

Sect. 18. And be it jurther enacted, That the said trus- Shall submit 

tees shall at all times, when required, submit the books, accounts, &c. 
, ' r , 7 , ' . , r ' to the mspec- 

accounts, and economy ot the said corporation, to the tree tionofthe 

examination of visitors to be appointed from time to time by assembly. 

the representatives of the freemen of this commonwealth in 

general assembly met. 

Sect. 19. And be it further enacted, That the trustees 

appointed by this act, or a majority of them, shall meet in 

the hall of the university aforesaid, in the forenoon on the 

first Wednesday in December next, and after being duly 

qualified as this act prescribes, proceed to the execution of 

their trust. 



AN ACT 2dvo] Lawg 

To confirm to the trustees of the University of the state ^/smith's ed, ' 
Pennsylvania, divers estates therein enumerated, for the p. 352. 
support of the said seminary; and for enabling the board of 
trustees of the said University to choose a new trustee in 
the stead of any of their number (not being a trustee in 
right of office or station) who shall be absent from the meet- 
ings of the said corporation during the space of six months. 
— 22d September, 1785. 

Sect. 1. Whereas by an act of general assembly of this preamble, 
commonwealth, intitled, "An Act to confirm the estates and 
interests of the college, academy, and charitable school of the 
city of Philadelphia; and to amend and alter the charters 
thereof, conformably to the revolution, and to the constitu- 
tion and government of this commonwealth, and to erect the 
same into a university," which was enacted on the twenty- 
seventh day of November, in the year of our Lord one thou- 
sand seven hundred and seventy-nine, it was for the better 
enabling the trustees therein named, and thereby appointed, 
and their successors, to effectuate the pious and praiseworthy 
designs of the founders, benefactors, and contributors of the 



24 



Preamble. 



Reciting that 
the estates do 
not amount to 
more than 
138 U. 5s. 
7 l-2d. 



Estates con- 
firmed to the 
trustees of the 
university. 



said seminary of learning, That it should be lawful for the 
supreme executive council of this state, to reserve such and 
so many of the confiscated estates which were then unsold 
and unappropriated, as to them should seem necessary, in 
order to create a certain fund for the maintenance of the 
provost* vice-provost, masters, and assistants of the same 
University, and to uphold and preserve the charitable school 
thereof; Provided, That the yearly income of such estates, so 
reserved and appropriated to the use of the said university, 
should not exceed the yearly sum of fifteen hundred pounds, 
computing wheat at the rate of ten shillings per bushel. And 
provided also, That such reservations be from time to time 
laid before the general assembly of this state, for their ap- 
probation and confirmation. 

Sect. 2. And whereas, since the passing of the same act, 
the confiscated real estates, herein after mentioned and de- 
scribed, have been severally reserved and appropriated by 
the supreme executive council, in pursuance thereof, for the 
purposes aforesaid, and the same estates have been delivered 
to the said trustees accordingly. 

[Here follows a list of the confiscated estates.] 

Sect. 3. And whereas, the real estates herein before de- 
scribed, which have been reserved, set apart, and appropri- 
ated by the supreme executive council for the purposes 
aforesaid, at the several valuations thereof, respectively made, 
by the supreme executive council, and the said real estates 
purchased as aforesaid, at the prices at which they were se- 
verally sold, do not, when considered and taken together, 
amount to more than the yearly value of one thousand three 
hundred and eighty-one pounds five shillings and seven- 
pence half penny, computing wheat at the rate of ten shil- 
lings per bushel, and it is proper that the same estates and 
interests herein before enumerated and described, and every 
of them should be confirmed to the said trustees, their suc- 
cessors and assigns, for the uses in the act afore recited, set 
forth, and declared, 

Sect. 4. Be it therefore enacted, &?c. That the several 
confiscated estates, lands, tenements, and hereditaments and 
rent charges herein before enumerated and described, with 
their and every of their rights, members, and appurtenances, 
are hereby fully and absolutely vested in and confirmed unto 
the trustees of the university of the state of Pennsylvania, 
their sucessors and assigns for ever, and for no other use, 
intent, or purpose whatsoever; saving and always reserving 
to all and every person and persons, bodies politic and cor- 



25 

porate, his, her, and their heirs and successors (other than the 
persons attainted or forfeiting the same, and all persons and 
every person having or claiming any thing in the premises, 
under or to the use of any such forfeiting person, his, her, 
or their heirs, executors or administrators) all such estates, 
rights, titles, and interest of, in, to, and out of the premises, 
or any of them, as they or any of them had before the pass- 
ing of this act, or could or might have had or enjoyed in case 
this act had not been made. 

Sect. 5. And whereas, in and by the act aforesaid, cer- Freamble. 
tain officers of the commonwealth, and divers ministers of 
the gospel, in respect of their offices and stations, together 
with sundry other persons therein named, and the suc- 
cessors of such other persons to be elected and appointed 
in their room and stead respectively, were constituted trus- 
tees of the same university; and although it was provided, 
in case any of the same persons should remove out of this 
state, that the office of such trustees should be thereby va- 
cated; yet if any of the same persons shall willingly absent 
himself from the meeting of the said trustees for the space 
of one year, no remedy is given, and the business of the 
seminary may be thereby obstructed, and it is reasonable and 
proper that such absence should be considered and deemed 
to be a vacating of the seat of such person at the board of 
trustees. 

Sect. 6. Be it therefore enacted, That if any of the trus- Absence for 
tees of the university of the state of Pennsylvania (not being six months 
a trustee in right of office or station) shall willingly be absent ( r ° m ^ eet " at 
from the meetings of the board of the said trustees, for and se Jt! 
during the space of six months, the seat of such absenting 
trustees shall be deemed to be vacant, and the residue of the 
said trustees, or such of them as shall be regularly met, not 
being fewer than eleven, shall and may proceed to elect a 
successor to such absenting trustee, as they would in case he 
had formally resigned his seat at the board of the said trus- 
tees of the said university. 

Sect. 7. And whereas, the trustees of the university of Professorship 

Pennsylvania have established a piofessorship in the same !? r teachin S 
. J r . . . . r . . r , , , the learned 

seminary tor teaching the learned languages through the languages 

medium of the German tongue, with one or more assistant through the 
teachers as may be requisite. f b^hV 3 " 

Sect. 8. Be it therefore enacted, That the same profes- 
sorship and the assistant or assistants aforesaid, shall be 
continued in the said university to teach the learned lan- 

D 



26 



guages through the medium of the German tongue, as a part 
of the system of education carried on therein. 



22d Septem- 
ber, 1785. 



Preamble. 



Preamble. 



AN ACT 
To repeal part of an act, intitled, " An Act to confirm the 
Estates and Interests of the College, Academy, and Cha- 
ritable School of the city of Philadelphia, and to amend 
and alter the charters thereof, conformably to the revolution 
and to the constitution and government of this common- 
wealth, and to erect the same into a University. — 6th 
March, 1789. 

Sect. 1. Whereas by the constitution of this common- 
wealth, it is declared and provided, " That all religious 
societies or bodies of men, heretofore united or incorporated 
for the advancement of religion or learning, or for other 
pious and charitable purposes, shall be encouraged and pro- 
tected, in the enjoyment of the privileges, immunities, and 
estates which they were accustomed to enjoy, or could of 
right have enjoyed, under the laws and former constitution 
of this state." 

And whereas, by two charters of incorporation, granted 
by the late proprietaries of Pennsylvania, there existed with- 
in this commonwealth, on the twenty-seventh day of No- 
vember, in the year of our Lord one thousand seven hundred 
and seventy- nine, an ancient corporation and body politic, by 
the name, style, and title of " The Trustees of the College, 
Academy, and Charitable School of Philadelphia, in the pro* 
vince of Pennsylvania," which corporation, at the time of 
passing the act, herein after mentioned, was seized, pos- 
sessed of, and intitled unto many rights and franchises, and 
divers estates, real, personal, and mixed, and by the consti- 
tution and laws of this state, was intitled to the public pro- 
tection and encouragement, in the enjoyment and free use 
and exercise thereof, in conformity to the original design, 
will, and intention of the founders, donors, and benefactors 
of the said seminary of learning, in the same manner as it 
could of right have held, occupied and enjoyed the same, 
under the former laws and constitution of this state. 

And whereas, by the said herein after mentioned act, which 
was passed on the said twenty-seventh day of November, in 
the year of our Lord one thousand seven hundred and se- 
venty-nine, the said trustees and corporation, and also the 
provost, vice-provost, professors, and all other masters, 
teachers, ministers, and officers of the said college, academy, 



27 

and charitable school, were without trial by jury , legal pro- 
cess, or proof ot misuser or forfeiture, deprived of their said 
charters, franchises, and estates, and the said board of trus- 
tees and faculty were declared to be " dissolved and vacated, 
and the superintendence and trust, together with all and 
singular the powers, authorities, and estates, real, personal, 
and mixed, of the said college, academy, and charitable 
school, were by the said act, declared to pass to, devolve 
upon, and be vested in a new corporation or body politic 
thereby created and established, by the name, style, and title 
of M The Trustees of the University of the state of Penn- 
sylvania" to have, hold, use, exercise, and enjoy all the 
powers, authorities, and advantages of the estates, rights, 
claims, and demands of the trustees heretofore appointed by 
or in pursuance of the charters of the said (ancient) corpo- 
ration or either of them;" all which is repugnant to justice, 
a violation of the constitution of this commonwealth, and 
dangerous in its precedent to all incorporated bodies, and to 
the rights and franchises thereof. 

Sect. 2. Be it therefore enacted, That so much and all Repeal of Act 
such parts of an act of general assembly of this common- 27 ISov ' 1779 
wealth, passed on the said twenty-seventh day of November, 
in the year of our Lord one thousand seven hundred and 
seventy-nine, intitled, " An Act to confirm the estates and 
interests of the college, academy, and charitable shool of the 
city of Philadelphia, and to amend and alter the charters 
thereof, conformably to the revolution and to the constitution 
and government of this commonwealth, and to erect the same 
into a university," as touch, or in any wise concern, or relate 
to the said ancient corporation, which was styled and known 
by the said name and title of " The Trustees of the College, 
Academy, and Charitable School of Philadelphia, in the pro- 
vince of Pennsylvania," or the said charters thereof, or either 
of them, or as touch or in any wise concern or relate to the for- 
mer rights, franchises, immunities, or estates, real, personal, 
or mixed thereof, or as tend to disqualify or disable the said 
trustees to act as a body politic, under the charters aforesaid, 
or to disqualify, deprive, or disable the body and faculty of 
the college and academy, known and distinguished in the 
charter, dated the fourteenth day of May, one thousand se- 
ven hundred and fifty five, by the name, style, and titlr of 
" The Provost, Vice-Provost, and Professors of the College and 
Academy of Philadelphia, in the province of Pennsylvania," 
or any of them, from carrying on the design and purposes of 
the said college, academy, and charitable school, or to dis- 



28 

Parts ofthe franchise or deprive them, or any of them, of any privileges, 
vem°e 27th immunities, or estates, whatsoever, or of any part or parcel 
1779, repeal- thereof, or as vests the same or purports and intends to vest 
ed. the same, or any part or parts thereof, in u The Trustees of 

the University of the state of Pennsylvania" shall be, and 
the same and every such part and parts thereof, is and here- 
by are repealed and made null and void, to all intents and 
purposes whatsoever. 

Sect. 3. And be it jurther enacted, That the trustees of 
the college, academy, and charitable school aforesaid, who 
were deprived and disabled, or intended so to be, by, and in 
pursuance of the said act, and the survivors of them and 
their successors, by the name, style, and title of " The 
Trustees of the College, Academy, and Charitable School of 
Philadelphia, in the commonwealth of Pennsylvania," and 
the provost, vice- provost, and professors, who as a faculty, 
were deprived and disabled, or intended so to be, by, and in 
pursuance of the said act, and the survivors of them and 
Trustees rein- their successors, by the name and style of " The Provost, 
stated, &c. Vice-Provost, and Professors of the College and Academy 
of Philadelphia, in the commonwealth of Pennsylvania," 
shall be reinstated and restored, and they and each of them 
are hereby reinstated and restored to all and singular the 
rights, franchises, emoluments, offices, trusts, and estates, 
real, personal, and mixed, which they and each of them held 
and enjoyed, or ought or could of right have had, held, and 
enjoyed, or were entitled unto, according to the said char- 
ters and the laws and constitution of this state, on the said 
twenty-seventh day of November, in the year of our Lord 
one thousand seven hundred and seventy-nine; and they and 
each of them and their successors, shall, and may ask, de- 
mand, sue for, recover, and receive the same and each and 
every part and parcel thereof, and shall hold and enjoy, use, 
and exercise the same, and every part and parcel thereof, in 
the same manner and as fully and freely as if the said act 
Exceptions as h a d never been passed. Excepting alzcays, so much of the 
men'ts u ^" rents, issues, and profits of the said real estate and estates, 
as were received by the said trustees of the university before 
the second day of March instant, which shall be considered, 
and they are hereby considered, as having been duly laid out 
by and expended, in the education of youth, and therefore, 
no account shall be rendered thereof; and excepting also, 
such sum or sums of money as have been paid in discharge 
of the just debts, contracts, and engagements of them, " The 
Trustees of the said College, Academy, and Charitable 



29 

School," entered into and subsisting on or before the said 
twenty-seventh day of November, in the year of our Lord 
one thousand seven hundred and seventy -nine; and except' 
ing also, such bonds, mortgages, ' and other specialties, of 
the former estate of the said last mentioned trustees, as have 
been transferred, cancelled, or discharged by them, the trus- 
tees of the university, for the value of which only (without 
any account of the interest, actually received) they shall be 
accountable to the trustees of the said college, academy, and 
charitable school; and excepting lastly, certain lots of ground 
in the town of Norris, and county of Montgomery, which 
were given for the pubiick use and service of the said county, 
and certain other lots which have been contracted for, sold, 
and conveyed by the said trustees of the university, for the 
purpose of building and improving in the said town; for the 
value of which lots only as they were contracted for, sold, 
and payment received by the said trustees, they shall be 
liable and accountable to the trustees of the said college, 
academy, and charitable school, and the said lots and every 
of them shall be, and hereby are confirmed, to the several 
purchasers thereof, on the payment of the purchase money 
and arrears thereof, yet due to the trustees of the said col- 
lege, academy, and charitable school, in the same manner as 
such purchase money and arrears thereof yet due, ought to 
have been paid to the trustees of the said university, accord- 
ing to the several contracts for the sale and conveyance of 
the said lots duly and bona fide made by them before the 
third day of February last. 

Sect. 4. And be it fwther enacted, That the trustees of Trustees of, 
the said college, academy, and charitable school and their authorized to 
successors, by the name," style, and title of The Trustees of ! s f s n 1 ^° sses " 
the College, Academy, and Charitable School of Philadel- 
phia, in the commonwealth of Pennsylvania, and the provost, 
vice-provost, and professors of the said college and academy 
and their successors, by the name and style of The Provost, 
Vice-Provost, and Professors of the College and Academy 
of Philadelphia, in the commonwealth of Pennsylvania, shall 
respectively be entitled to, and shall have and pursue the 
like speedy, summary, and effectual means and remedies, for 
regaining and reinstating themselves in, and for having and 
possessing themselves of all and singular the rights, fran- 
chises, offices, trusts, and immunities, and estates, real, per- 
sonal, and mixed, to which they or either or any of them are 
in, and by this act restored, or which is hereby vested in 
them or either or any of them, together with all books, 



30 



papers, and writings, touching or concerning the same or 
any part thereof, as were given, or mentioned and intended 
to be given, in and by the said in part recited act, and also 
in and by any other act or acts of general assembly of this 
commonwealth, to the trustees of the university therein 
mentioned, or which they could thereby have or pursue for 
acquiring or possessing themselves of all or any part or parts 
of the estate or estates, real, personal, or mixed, rights, fran- 
chises, offices, trusts, or immunities, in and by the said in 
part recited act, transferred to or vested in them the said 
trustees of the university aforesaid, or of any books, papers, 
or writings, relating thereto; and all and every person and 
persons are hereby enjoined and required to govern and de- 
mean themselves accordingly, under the like pains and pe- 
nalties as are in and by the said acts mentioned. 



1779, to 
March 1789. 



Preamble re- 
citing the 
terms of Uni. 
on. 



AN ACT 

November 27 To unite the university of the state of Pennsylvania, and the 
college, academy^ and charitable school of Philadelphia, 
in the Commonxvealth of Pennsylvania, September 30th, 
1791. 

Whereas the trustees of the university of the state of 
Pennsylvania, and the trustees of the college, academy, and 
charitable school of Philadelphia, in the commonwealth of 
Pennsylvania, by their several petitions have set forth, that 
they have agreed to certain terms of union of the said two 
institutions, which are as follow: 

First, That the name of the institution be " The Univer- 
sity of Pennsylvania" and that it be stationed in the city of 
Philadelphia. 

Second. That each of the two boards shall elect, from 
among themselves, twelve persons, who, with the governor 
for the time being, shall constitute the board of trustees of 
the university of Pennsylvania; and that the governor shall 
be president. 

Third. That the professors which shall be deemed neces- 
sary to constitute the faculty in the arts and medicine, re- 
spectively, shall be taken from each institution equally; and 
in case of an odd number, such one to be taken from either 
by the choice of the trustees; and that the provost and vice- 
provost, or the principal officer or officers of the faculty, by 
whatever name or names they may be called, shall be chosen 
from among the professors so appointed. 

Fourth. That charity schools shall be supported, one for 
boys, and the other for girls. 



Professors to 
constitute a 
Faculty of 
Arts and Me- 
dicine. 



Charity 
Schools. 



31 

Fifth. That for the future every vacancy in the board, Election of 
except that of governor, shall be filled up by election by T ™stees. 
ballot, by a majority of the members present, at any meeting 
of the new board, the members present to be at least thirteen; 
that due and timely notice of such election be at all times 
given, and that no person shall be elected to fill up such vacan- 
cy at the same meeting in which he shall be nominated. 

Sixth. That the funds and property of the institutions 
shall be united, and vested in the new trustees. 

Seventh. That the professors and officers composing the Thirteen ne- 
faculty shall he elected by a majority ol the members present cessary to elect 
at any meeting of the new board, the number present to be ti ™ p^y-ousT 
at least thirteen; that due and timely notice of such election nomination, 
shall at all times be given, and that no person or persons 
shall at any time be elected such professor or officer at the 
same meeting in which he shall be nominated. 

Eighth, That no professor or officer of the faculty shall Two- thirds ne- 
be removed by a less number than two-thirds of the mem- cessai 7 t0 a 
bers present at any meeting of the new board, the members professor! * 
present to be at least thirteen; and that due and timely Notice, &c. 
notice of such intended removal shall at all times be given, 
and that no person or persons shall at any time be removed 
at the same meeting in which such removal shall be pro- 
posed. 

Ninth. That the board of trustees shall annually lay before Sec. 5. 
such persons, as the legislature shall in the incorporating act 
direct, a statement of the funds of the institution. 

And the said trustees, by their several petitions have 
prayed, that a law may be passed to enable them to carry 
the said terms of union into effect, and to incorporate them 
in one body, according to the purpose and intention express- 
ed in the said terms of union. 

Sect. 1. Be it therefore enacted, That, in pursuance of Twelve frus- 
the second article of the said terms of union, the trustees f tees J echo " , 

S6fi JfODl C3CL 

the university shall elect twelve persons from among them- board, and re- 
selves to be trustees of the said university after the union, and turned to the 
shall certify the names of the said twelve persons, so elected, g° veinor - 
to the governor of this commonwealth, on or before the first 
day of December next; and that the trustees of the said col- 
lege, academy, and charitable school, shall elect twelve per- 
sons from among themselves, to be trustees of the said uni- 
versity after the union, and shall certify the names of the said 
twelve persons, so elected, to the governor of this common- 
wealth, on or before the first day of December next. 



32 



Persons so 
elected, shall 
become a cor- 
poration under 
the style to be 
stationed in 
Philadelphia. 
Governor to 
be President. 



Powers. 



Estates of the 
former insti- 
tutions vested. 



Sect. 2. And be it further enacted, That from and after 
such certificates of the elections being so made to the go- 
vernor, as aforesaid, the said twenty-four persons so elected 
and certified, together with the governor for the time being, 
who shall always be president, and their successors, duly 
elected and appointed, as herein and by the said terms of 
union is directed, be, and they are hereby made and con- 
stituted a corporation and body politick, in law and in fact, 
to have continuance for ever by the aforesaid name, style, 
and title of "THE TRUSTEES OF THE UNIVERSITY 
OF PENNSYLVANIA," and that the said university shall 
at all times be stationed in the city of Philadelphia. 

Sect. 3. And be it further enacted, That the said trus- 
tees, and their successors, shall be able and capable in law 
to sue and be sued, by the name, style, and title aforesaid; 
and to have and to make one public and common seal, and 
also one private seal to use in their affairs, and the same, or 
either of them, to break and alter at their pleasure; and to 
make rules and statutes not repugnant to the laws and con- 
stitution of this state, or of the United States of America, 
and to do every thing needful and necessary to the esta- 
blishment of the said university, and for their own good go- 
vernment, and the good government and education of the 
youth belonging to the same, and to constitute a faculty, or 
learned body, to consist of such head or heads, and such a 
number of professors in the arts and sciences, and in law, 
medicine, and divinity, as they shall judge necessary and 
proper, consistent with the aforesaid articles of union. 

Sect. 4. And be further enacted, That all and every the 
estates, real, personal, and mixed, moneys, effects, debts, 
claims, and demands, either in law or equity, which at pre- 
sent are vested in, or belong to each of the two boards of 
the trustees of the said university, and of the said college, 
academy, and charitable school, who are hereby united and 
incorporated together, shall be, and they hereby are, trans- 
ferred to and vested in the said trustees herein directed to 
be appointed and incorporated, and their successors, with 
full power to take, receive, hold, use, recover, and enjoy 
the same, according to the purpose, true intent, and meaning 
of this act, and that in like manner, all claims, rights, and 
demands, of any person or persons, bodies politick and cor- 
porate, against either of the said two boards, shall be, and 
remain valid and effectual against the trustees herein directed 
to be appointed and incorporated, and their successors, with 
power to demand, receive, and recover the same, as if they 



33 

liad been originally contracted by, or due, or recoverable 
from, the said trustees herein directed to be appointed and 
incorporated. 

sect. 5. And be it further enacted, That pursuant to the statement to 
ninth article of the terms of union, the trustees shall annually be laid before 
lay a statement of the funds of the institution before the le- the legislature, 
gislature of the commonwealth. 



From the Minutes of the 8th Nov. 1791. 

His excellency Thomas Mifflin governor of the common- 
wealth of Pennsylvania, having received certificates of the 
election of the trustees of the University agreeably to the 
foregoing Act, and having caused the persons in the said 
certificates respectively to be notified thereof, and also to 
meet at the office of the secretary of the commonwealth, at 
the state* house in the said city, on Tuesday the eighth day 
of Nov. in the year 1791, the following gentlemen, with the 
governor, met in pursuance of such notice, viz. 
1. The Hon. Thomas M'Kean, L. L. D. 



Elected by the 
| Trustees of the 
^University of the 
State of Pennsyl- 
vania. 



2. Charles Pettit, 

3. The Rev. James Sproat, D. D. 

4. Jonathan B. Smith, 

5. Jonathan D. Sergeant, 

6. James Irvine, 

7. John Bleakley, 

8. John Carson, 

9. David Rittenhouse, 

10. David Jackson, 

11. Jared Ingersoll. 

1. The Rt. Rev. Wm. White, D. D. 

2. The Rev. Robert Blackwell, D. D. 

3. The Hon. Ed. Shippen, 

4. William Lewis, 

5. Robert Hare, 

6. Samuel Powell, 

7. David H. Conyngham, 

8. Wm. Bingham, 

9. Thomas Fitzsimmons, 

10. Geo. Clymer, 

11. Edward Burd, 

12. Samuel Miles. 

And the said Act having been read, the governor exhibit- 
ed the certificates of the election made in pursuance of the 



Elected by the 
p Trustees of the 
[>College, Acade- 
my, and Free 
School. 



34 

first section thereof, by which it appeared that the persons 
above named and Henry Kuhl elected by the trustees of the 
university, were respectively elected by the trustees of the 
two institutions to be trustees of the new institution un- 
der the name of " The University of Pennsylvania, with 
the corporate style and title of" The Trustees of the Univer* 
sity of Pennsylvania'''' — Whereupon the said trustees, with 
the governor of the commonwealth, formed themselves into 
a Board, and proceeded to organize the said institution. 
Agreeably to the third section of the articles of union the 
following persons were, on the 23d of January, 1792, elect- 
ed to the Professorships annexed to their names respectively, 
viz. to constitute the Faculty of Medicine. 
William Shippen, jr. Professor of Anatomy, Surgery, and 

Midwifery. 
Caspar Wistar, Adjunct Professor of the Same. 
Adam Kuhn, Professor of the Practice of Physic. 
Benjamin Rush, Professor of the Institutes and Clinical 

Medicine. 
James Hutchinson, Professor of Chemistry. 
Samuel Powel Griffiths, Professor of Materia Medica. 
Benjamin S. Barton, Professor of Natural History and Bo- 
tany. 

And on the 9th of April, 1792, to constitute the Faculty 
in the Arts. 

The Rev. John Ewing, D. D. Professor of Natural Philo- 
sophy. 
The Rev. John Andrews, D. D. Professor of Moral Phi- 
losophy. 
Mr. James Davidson, Professor of the Learned Languages, 

viz. of the Latin and Greek. 
Mr. Robert Patterson, Professor of Mathematics; 
The Rev. William Rogers, D. D. Professor of English and 

the Belles Lettres. 
The Rev. Henry Helmuth, D. D. Professor of the German 
and Oriental Languages. 

And on the twenty-sixth day of April in the same year, 
the Rev. John Ewing, D. D. was elected Provost, and the 
Rev. John Andrews, D. D. Vice Provost, of the University 
of Pennsylvania. 



BY-LAWS. 

REVISED 1826. 



Meetings of Trustees. 

1. The stated meetings of the board shall be held in their 

hall, on the first Tuesday of every month, at 7 o'clock, P.. M. Time & place, 
unless otherwise directed by the board, and adjournments of 
such meetings may be made when necessary. 

2. For the transacting of ordinary business not herein 
specially provided for, five members shall be a quorum; and Quorum, 
one or more members, less than a quorum, may make an 
adjournment. 

3. As soon as five members shall have appeared at or af- 
ter the appointed hour of meeting, the president (or in his 
absence, a chairman to be chosen pro tempore) shall take the Chairman. 
chair and call the members to order. 

4. A special meeting may be called at any time, and in case Special Meet- 
of public exigency, at such other place than the hall as may ,Dg ' 

be deemed expedient, at the request of three members, com- 
municated in writing to the secretary, and containing the 
proposed object of such meeting, which shall be stated in the 
notices to be sent to the trustees. 

5. At special meetings, after the minutes of the preceding 
meeting shall have been read, the board shall immediately 
proceed to the consideration of the business for which they 
are specially convened; and no other business shall be brought 
before the board at such special meeting. 

6. After the chair shall have been taken, no member shall 
depart from the board during the sitting, without leave first 
obtained. 

7. The chair shall decide on questions of order: from such OrJcr. 
decisions, however, an appeal to the board may be had, if 
required by two members, and the board shall thereupon de- 
cide without debate. 



36 

Order of pro 



ceding. P ' 8 - A ' s tated and adjourned meetings, business shall h. 
proceeded m according to the following order: ^ 

First The secretary shall read the minutes of the pre- 
ceding meeting. P re 

Second. He shall call over the names of the members of 
outstanding committees. members ot 

Fourth r hC rep °" S ° f commi "ees shall be read. 

be read. mCat,0nS addressed t0 the board shall 

W be 'caneTun l<° mm j tte ^ nd COI ~ications may 
Sixth OthtT dlSCassed ' u and 01 -der taken thereon. ' 

Sk The T 6 ? ma r V be P roceeded «PO" on motion. 
Seventh. The minutes of every meeting shall be read 

over at the close thereof, for the purpose of correc- 
tion and amendment; and after a motion to read them 
has been made, and the same have been read and 
agreed to, no motion shall be in order but a motion 
ot adjournment. uuuu 

9. No motion shall be received unless seconded nor until 

When thirteen 11. Thirteen members shall be nec««™, n f„ 
members ue- nim fnr tmrtm. „i. • °'"" 1 uc necessary to torm a quo- 
eessary. rum tor parting, altering, or repealing by-laws or for HU 

posing of money, or other property exceeding seventv do - 

te^SX?™ "* ^ P ™™ a n ° tice shalStime 
be required that money or property is to be disposed of he 

fore an amount or value greater than said sumS be'dts 

posed of. Provided, that in relation to every kind of business 

abovementioned, excepting for what the 7 charter reqXs 

thirteen or more, a common quorum shall be sufficTent If the 

n?™T m,n M ° n bei ."S £X P rcSsed in ^e notices fo r S 
next sta ed monthly meeting, the same be not at that meet 
ing d.sa h»ved ; and until the subsequent meet ng sha llTave 
been held, the matter determined on shall have no effect 

12. No trustee shall retain his seat, who is prevented from 
hab.tual attendance by the duties of his occupatl oT bv 
any other cause. And it shall be the duty of the secret^/ 
o send to every trustee, four times in every year vTz wifh 
the usua notices for the stated meetings o/ January Apr 1 
July, and October, a certified copy of fhis rule >' P ' 



37 

Of Committees, 
1. On the first Tuesday of January, in every year, the Standing corn- 
following standing committees shall be appointed, whose mittees « 
duty it shall be to make report in writing of their proceed- 
ings annually, on the first Tuesday of January following, and 
oftener, when required. 

First* A Committee of Finance and Accounts, to consist 

of three members. 
Second, A committee of three members, who shall have 

charge of the library and philosophical apparatus. 
Third. A committee of three members to superintend the 

Charity Schools. 
Fourth, A committee of five members to assist and advise 
with the Faculty in regard to the government of the 
students and scholars. 
Fifth, Of three members on the Grammar School. 
Sixth. A committee of three members on The Wistar 

Museum. 
Seventh. Of three members on the Fourth street build- 
ings. 
Eighth. Of five members on the Perkasie lands. 
Ninth, Of three members on the Botanic Garden. 
At the meetings immediately preceding the semiannual 
examinations, special committees shall be appointed to attend 
the same, viz. a committee for each class in college, and one 
for the grammar schools, who shall report in writing their 
opinion on the state and progress of the students and scholars. 

Finance and Accounts, 

1. The Committee of Finance and Accounts shall super- Duties, 
intend the estates and revenue of the institution, examine 

and report on all claims which may be exhibited against it, 
and report on the state of the treasury. 

2. The committee may authorise expenditures to the 
amount of seventy dollars in the course of any one month. 

Secretary and Treasurer. 
1. The board shall appoint a secretary and treasurer, re- 
movable at their pleasure, who shall be allowed a salary of 
one hundred and thirty-three dollars and thirty-three cents salary. 
per annum as secretary, and a commission of two and one- 
half per centum for collecting and receiving the annual re- 
venues of the institution, except tuition money, which he is 
required to receive from the students in the College without 
commission. He shall, before he enter on the duties of his 



38 



Surety. 



Duties as sec. 



As treasurer. 



■Semi-annual 
statements. 



office, give bond to " The Trustees of the University of Penn- 
sylvania," with approved sureties, in the sum of ten thou- 
sand dollars, conditioned for the faithful performance of the 
duties of said offices, and for the faithfully accounting for 
and paying over all monies belonging to the institution, that 
may have come into his hands, and for delivering over to 
his successor in office all books, vouchers and documents, 
in his possession, belonging to the University. 

2. It shall be his duty to attend the board at their meet- 
ings; to keep fair minutes and records of their proceedings; 
to issue notices to the members of all meetings, and gene- 
rally he shall perform all reasonable and customary duties 
incident to the office of clerk of the board. 

3. As treasurer, he shall keep a rent-roll and schedule of 
the estates of the University; he shall collect all rents, inter- 
ests and other revenues whatever belonging thereto; he shall, 
with the consent and approbation of the Committee of Fi- 
nance and Accounts, call in and place out money on interest, 
and take securities for the same in the name of " The Trus- 
tees of the University of Pennsylvania;" he shall, with such 
consent and approbation, lease the estates, and cause necessary 
repairs therein to be made; he shall, when authorised by the 
board, contract for the sale of any part of the real estate, 
and receive the purchase money; he shall pay the salaries 
to the officers of the institution; he shall ^discharge all 
claims against the institution, upon warrants signed by the 
Committee of Finance and Accounts, or when directed by 
a resolution of the board, having care in all cases to take 
and keep proper vouchers; he shall prepare and submit 
to the said committee, on the first Tuesday of July and 
January, in every year, a correct statement of the receipts 
and expenditures of the preceding half year, and of the 
funds then remaining in his hands; he shall deposit all mo- 
ney received on account and for the use of the University 
in such bank as may be designated by the said committee, to 
his credit as " Secretary and Treasurer of the Trustees of 
the University of Pennsylvania;" and he shall mingle there- 
with no other accounts, either relating to his piivate con- 
cerns, or otherwise; and all checks drawn upon the bank, in 
which such money shall have been deposited, shall contain 
the name or names of the person or persons, to whom the 
money so drawn for is to be paid; he shall keep regular books 
of accounts of all receipts and expenditures, and the debts 
and credits of the Corporation, which books shall, at all rea- 
sonable times, be open to the inspection and examination of 






39 

the said committee, or of any member of the board, and he 
shall annually lay a statement of the funds of the institution, 
first submitting the same to the said committee, before the 
legislature; and generally he shall faithfully perform all du- 
ties concerning the estates and revenues of the Corporation, 
which may be necessary to the economical and prudent ma- 
nagement thereof, and may be required by the board, or by * 
the Committee of Finance and Accounts. 

4. It shall be the duty of the secretary to prepare all diplo- To prepare 
mas, at the expense of the University, and to cause the seal diplomas, 
of the institution to be affixed thereto and to attest the same. 

5. It shall be the duty of the secretary to furnish the Pro- To furnish 
vost with a copy of every regulation and rule which shall be Prov. with re- 
made respecting the schools, to be by him communicated to so ut,ons » &c ' 
the Faculty of Arts. 

Of Salaries to the Professors^ fcfc. in the Collegiate depart- Salaries, $c 

ment. 

1. To the Provost, - gl,000 

2. Vice Provost, - - 900 

3. Professor of Languages, 853 33 
4.. Professor of Mathematics, 853 33 
5. Tutor, - - 400 

In addition to which each Professor shall have the right 
of using one of the houses belonging to the institution, to be 
designated by the Committee of Finance and Accounts, at 
the pleasure of the Board; and shall receive one-fourth of 
the tuition money collected from the students. Each pro- 
fessor shall receive four dollars from every graduate in the 
arts, and the provost three dollars, and the vice provost two 
dollars, for every graduate in Medicine, at the time of sign- 
ing his diploma. 

2. Each professor shall confine himself to his particular 
department, and not engage in any other office of trust or 
profit, without the consent of the Board. 

Of the Janitor, 

1. The janitor shall receive an annual compensation of Cumpensaiior 
two hundred and thirty dollars, and such apartments in the 
University as the Committee of Finance and Accounts shall 
designate. 

2. He is particularly charged with the care of the build- Duties, 
ings on Ninth street, and he and his assistants only shall be 
employed in making fires or in attendance on the rooms. He 
shall see that all fires are extinguished by ten o'clock at night. 



40 



Mandamus. 



By ballot. 



Of Honorary Degrees in Divinity, Law, Arts, and Medicine. 

1. These may be conferred either at the instance of the 
faculty, or in pursuance of a resolution of the board of 
trustees; but no such degree shall be conferred, unless the 
mandamus ordering it be signed by two thirds of the whole 
number of trustees, nor unless the candidate shall have been 
nominated at the board three months previously to taking 
the question on conferring the degree. 

2. The question on conferring of honorary degrees shall 
always be decided by ballot. 



Secretary to 
prepare, &c. 



Fees. 



Of Diplomas. 

It shall be the duty of the secretary to prepare all diplo- 
mas, and to cause the seal of the university to be affixed 
thereto, and to attest the same. From each graduate in the 
arts he shall receive the sum of four dollars, which, after 
defraying the expense of the diploma, shall be appropriated 
to the increase of the library, and from each medical gradu- 
ate he shall receive the sum of five dollars, which, after de- 
fraying the expense of the diploma, shall be appropriated to 
the increase and preservation of The Wistar Museum. 



Committee to 

purchase 

books. 



Books. 



Catalogue. 



Library. 

1. The library committee may purchase, as occasion may 
offer, books for the library, preferring Greek and Latin au- 
thors of established reputation, and in good condition; books 
having relation to natural and moral philosophy in their va- 
rious departments — history, and particularly all publications 
connected with the past and present condition of the United 
States. 

2. The committee shall cause the books purchased to be 
properly labelled, and placed in the library, and entered in 
the catalogue, and shall report at each meeting of the trus- 
tees, the books purchased, and their prices, since the meet- 
ing immediately preceding. 

3. The committee on the library shall have charge of the 
library and philosophical apparatus, and shall prepare and 
keep a catalogue and list thereof, and cause the same to be 
printed. They shall also make suitable regulations on the 
subject of taking books from the library; and no books shall 
be removed therefrom, contrary to such regulations by any 
person, under any pretence whatever. 



41 

Of the Penn Foundation, 

1. Two persons shall constantly be received of the nomi- 
nation of the heirs or assigns of the honourable Thomas 
Penn, late one of the proprietors of Pennsylvania to be edu- 
cated free of all costs whatsoever, in any of the languages, 
arts or sciences in which any other persons are usually edu- 
cated, and to continue until the other persons are nominated 
to supply their room — and such persons so nominated shall 
be maintained and clothed at the expense of the institution. 
As soon as one or more persons are nominated and received 
the annual income of the university shall be pledged to de- 
fray the expenses necessary for the education and mainte- 
nance of such nominee or nominees, in preference to any 
other expenditure. 

2 The interest proceeding from the sale of the Perkasie 
lands shall be appropriated in the first place to the objects of 
this foundation whenever persons shall be designated by the 
family of Thomas Penn, and the residue shall be subject to 
the order of the board. 

Rent of the Medical Hall, 

1. The Faculty of Medicine shall annually on or before the 
31st day of December, pay to the treasurer of the board the 
sum of 3000 dollars for the rent of the Medical Hall, to 
constitute a fund to reimburse the actual expenditure of the 
trustees in the erection of the same; of which sum 600 dol- 
lars, with its accumulation, shall be invested as received and 
formed into a fund to be called " The Medical School 
Fund," and kept separate from the general funds of the in- 
stitution, and when this fund shall amount to 6000 dollars, 
the rent shall be reduced by deducting therefrom 300 dollars 
per annum, and when the fund shall amount to 12,000 dol- 
lars, a further deduction of 300 dollars per annum shall be 
made. 

2. The Medical Faculty may raise the sum of 1200 dollars 
per annum from the medical students attending a first course 
of lectures, as matriculation fees or otherwise as they may 
think proper; provided that the amount to be assessed on each 
student shall not exceed the sum of five dollars. 

5. Medical diplomas shall be signed by the provost, vice- Diploma*, 
provost, and medical professors, and attested by the secretary 
of the board of trustees, who shall prepare the same at the 
expense of the institution, and affix the corporate seal thereto 
F 



42 



LIBRARY OF CONGRESS 



028 334 606 7 



Every graduate shall pay to the prove 

the vice-provost two dollars, and to each principal medical 
professor five dollars, as an honorarium, at the time of placing 
their signatures to the diploma, and to the secretary of the 
board, the sum of five dollars, which, after defraying there- 
from the actual expenses of preparing the diploma shall be 
appropriated to the increase and preservation of " The Wis- 
tar Museum" 



* * 



Hoilii 
p 



LIBRARY OF CONGRESS 



028 334 606 



i 



Hollinger Corp. 
P H8.5 



